Law: Constitution of Pakistan, 1973

Section: 24A,25

Constitution of Pakistan--- ----Arts. 24-A & 25---Right to education---Discrimination---Petitioner was Dental Surgeon registered with Pakistan Medical and Dental Council and was aggrieved of not being granted admission in Master of Dental Surgery (MDS)---Validity---Petitioner obtained highest marks in National Testing Service and was ahead of selected candidates---Distinction certificates of petitioner were not taken into consideration while preparing merit list---Every citizen had a Fundamental Right to be treated in accordance with law without discrimination on basis of equality---Right to get education was basic right of every citizen and courts were under obligation to protect such rights---High Court directed the authorities to allow admission of petitioner in MDS without disturbing candidates already selected by making special arrangements admissible under law---Constitutional petition was allowed accordingly. THIS ORDER PASSED BY: MUHAMMAD ANWAR KHAN KASI, C.J.--- Through this constitutional petition, petitioner [Dr. Numan Muhammad Khan] seeks direction against the respondents to allow his admission in MDS (Oral and Maxillofacial Surgery) Course with all consequential benefits and that the result on the basis of which the candidates having less merit were allowed admission, be also declared as null and void. 2. It is, inter-alia, contended that the petitioner is a Dental Surgeon, registered with PMDC and belongs to Lakki Marwat, the far flung area of Khyber Pakhtoon Khwa (KPK). He remained the student of Bachelor of Dental Surgery (BDS) in Ayub Medical College, Abbottabad, and was awarded the degree from Khyber Medical University, Peshawar, on 28.6.2011. He has an excellent academic record and obtained twelve (12) Distinctions Certificates-Gold Medals, during the whole professional exams in different subjects of BDS. 3. It is next argued that the petitioner being well qualified and most eligible candidate, applied for admission in MDS (Oral and Maxillofacial Surgery) announced by the respondents Nos.2 and 3. He appeared in the NTS test as arranged by the respondents Nos.2 and 3 and not only qualified it, but also remained topper amongst amongst the…

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